Regulatory Fair Warning Act of 1998 and the Taxpayers Defense Act: Hearing Before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Fifth Congress, Second Session on H.R. 4049 and H.R. 4096, July 23, 1998

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45. lappuse - Section 706(2) (A) requires a finding that the actual choice made was not 'arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.' 5 USC § 706(2) (A) (1964 ed., Supp. V). To make this finding the court must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.
31. lappuse - Chevron USA Inc. v Natural Resources Defense Council, Inc., 467 US 837, 842-843, 81 L Ed 2d 694, 104 S Ct 2778 (1984).
45. lappuse - If Congress has explicitly left a gap for the agency to fill, there is an express delegation of authority to the agency to elucidate a specific provision of the statute by regulation. Such legislative regulations are given controlling weight unless they are arbitrary, capricious, or manifestly contrary to the statute.
23. lappuse - For the purpose of regulating Interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the united States a rapid, efficient, nation-wide, and worldwide wire and radio communication service with adequate facilities at reasonable charges...
28. lappuse - Chevron [USA, Inc. v. Natural Resources Defense Council, Inc.], 467 US 837, 842-43, 104 S. Ct. at 2781-82. If Congress has not addressed directly the precise question at issue...
25. lappuse - There is no part of the administration of government that requires extensive information, and a thorough knowledge of the principles of political economy, so much as the business of taxation. The man who understands those principles best, will be least likely to resort to oppressive expedients, or to sacrifice any particular class of citizens to the procurement of revenue. It might be demonstrated that the most productive system of finance will always be the least burdensome.
28. lappuse - Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., 435 US 519 (1978).
42. lappuse - Sometimes the legislative delegation to an agency on a particular question is implicit rather than explicit. In such a case, a court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency.
31. lappuse - We consider that the rulings, interpretations and opinions of the Administrator under this Act, while not controlling upon the courts by reason of their authority, do constitute a body of experience and informed judgment to which courts and litigants may properly resort for guidance. The weight of such a judgment in a particular case will depend upon the thoroughness evident in its consideration, the validity of its reasoning, its consistency with earlier and later pronouncements, and all those factors...
11. lappuse - a rule prescribed." Because a bare resolution, confined in the breast of the legislator, without manifesting itself by some external sign, can never be properly a law. It is requisite that this resolution be notified to the people who are to obey it. But the manner in which this notification is to be made, is matter of very great indifference.

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